Frequently Asked Questions


The law - Medical Negligence and the Law

There is no such thing as a pure accident. If medical treatment has caused injury then there must be a reason why it happened. Generally speaking, if the reason was foreseeable and avoidable then there may well have been negligence but it will depend upon the individual circumstances of the case. See our Guide to Medical…


The law - What happens at a trial?

If it proves impossible to settle the claim, it will be necessary for it to be decided by a Judge at the end of a trial in a public court room. There will not be a jury.   Clinical negligence trials are often complex and can last several days or sometimes even weeks. Therefore, before…


The law - What is a duty of care?

We all have a legal duty to exercise reasonable care at all times so as to avoid the likelihood that our actions will cause injury to other people. Because of this “duty of care” we all have a legal liability to pay compensation to anybody whom we have injured as a result of our careless…


The law - What is causation?

Causation If we cannot establish that there has been a breach of duty then there can be no liability and the claim will fail at that stage but if a breach is established we need to go on to the next hurdle, which is to show that, but for that breach of duty, you would…


The law - Explanation of legal terms

Affidavit: A written statement that is signed by a litigant after swearing on oath. If the statement is untrue the person swearing the affidavit may be guilty of perjury. After the Event Litigation Insurance: Insurance that can be purchased by somebody who is contemplating taking legal proceedings to cover the expenses that will be incurred…


The law - What does ‘settlement’ mean?

A settlement is an agreement reached between the Claimant (the person making the claim) and the Defendant (the person the claim is being made against) which brings the claim to an end rather than it having to be decided by a Judge. It is negotiated between the two parties’ solicitors. It is always sensible, if…

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